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Business and Professions Code - BPC - BPC § 26038.1
Business and Professions Code - BPC - BPC § 26038.1
(a) In addition to other remedies permitted by law, a licensee under this division may bring an action in superior court against a person engaging in commercial cannabis activity without a license as required by this division. (b) In order to prevail in an action brought pursuant
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Business and Professions Code - BPC - BPC § 26039.1
Business and Professions Code - BPC - BPC § 26039.1
(a) When the department has evidence that cannabis or a cannabis product is adulterated or misbranded, the department shall notify the licensee. The licensee may conduct a voluntary recall of the affected cannabis or cannabis product and may remediate the cannabis or cannabis pro
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Business and Professions Code - BPC - BPC § 26039.3
Business and Professions Code - BPC - BPC § 26039.3
(a) If the department finds or has probable cause to believe that cannabis or a cannabis product is adulterated or misbranded within the meaning of this division, or the sale of the cannabis or cannabis product would be in violation of this division, the department shall affix to
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Business and Professions Code - BPC - BPC § 26039.4
Business and Professions Code - BPC - BPC § 26039.4
A peace officer, including a peace officer with the department, may seize cannabis, industrial hemp, and cannabis products in any of the following circumstances: (a) The cannabis or cannabis product is subject to recall or embargo by the department. (b) The cannabis or cannabis p
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Business and Professions Code - BPC - BPC § 26039.5
Business and Professions Code - BPC - BPC § 26039.5
(a) Cannabis or a cannabis product is misbranded if it is any of the following: (1) Cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division. (2) Consists of cannabis or cannabis product that was cultivated, processed, manu
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Business and Professions Code - BPC - BPC § 26039.6
Business and Professions Code - BPC - BPC § 26039.6
(a) Cannabis or a cannabis product is adulterated if it is any of the following: (1) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered injurious. (2) It consists, i
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Business and Professions Code - BPC - BPC § 2604
Business and Professions Code - BPC - BPC § 2604
The members of the board shall be appointed for a term of four years, expiring on the first day of June of each year. The Governor shall appoint one of the public members and the four physical therapist members of the board qualified as provided in Sections 2603 and 2603.5. The S
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Business and Professions Code - BPC - BPC § 26040
Business and Professions Code - BPC - BPC § 26040
(a) (1) There is established in state government, in the Business, Consumer Services, and Housing Agency, a Cannabis Control Appeals Panel which shall consist of the following members: (A) One member appointed by the Senate Committee on Rules. (B) One member appointed by the Spea
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Business and Professions Code - BPC - BPC § 26041
Business and Professions Code - BPC - BPC § 26041
All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The Executive Director of the panel shall furnish the equipment, supplies, and housing necessary for the authorized activities of the p
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Business and Professions Code - BPC - BPC § 26042
Business and Professions Code - BPC - BPC § 26042
The panel shall adopt procedures for appeals similar to the procedures used in Article 3 (commencing with Section 23075) and Article 4 (commencing with Section 23080) of Chapter 1.5 of Division 9 of the Business and Professions Code. Such procedures shall be adopted in accordance
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Business and Professions Code - BPC - BPC § 26043
Business and Professions Code - BPC - BPC § 26043
(a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denyi
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Business and Professions Code - BPC - BPC § 26044
Business and Professions Code - BPC - BPC § 26044
(a) In appeals where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department fo
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Business and Professions Code - BPC - BPC § 26045
Business and Professions Code - BPC - BPC § 26045
(a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation
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Business and Professions Code - BPC - BPC § 26046
Business and Professions Code - BPC - BPC § 26046
(a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether: (1) The department has proceeded without or in excess of its jurisdiction. (2) The department has proceeded in the manner requir
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Business and Professions Code - BPC - BPC § 26047
Business and Professions Code - BPC - BPC § 26047
The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Those questions of fact shall include ultimate facts and the findings and conclusions of the department. The panel, the department, and each party to the ac
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Business and Professions Code - BPC - BPC § 2605
Business and Professions Code - BPC - BPC § 2605
The board shall do all of the following: (a) Evaluate the qualifications of applicants for licensure. (b) Provide for the examinations of physical therapists and physical therapist assistants and establish a passing score for each examination. (c) Issue all licenses for the pract
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Business and Professions Code - BPC - BPC § 26050
Business and Professions Code - BPC - BPC § 26050
(a) The license classification pursuant to this division shall, at a minimum, be as follows: (1) Type 1—Cultivation; Specialty outdoor; Small. (2) Type 1A—Cultivation; Specialty indoor; Small. (3) Type 1B—Cultivation; Specialty mixed-light; Small. (4) Type 1C—Cultivation; Special
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Business and Professions Code - BPC - BPC § 26050.5
Business and Professions Code - BPC - BPC § 26050.5
(a) Until January 1, 2031, the department may, in its sole discretion, issue a provisional license for a local equity applicant, as defined in Chapter 23 (commencing with Section 26240), for retailer activities, if the applicant has submitted a completed license application to th
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Business and Professions Code - BPC - BPC § 26051
Business and Professions Code - BPC - BPC § 26051
(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division. (b) It shall be unlawful for any person to monopolize, attempt to m
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Business and Professions Code - BPC - BPC § 26051.5
Business and Professions Code - BPC - BPC § 26051.5
(a) An applicant for a state license issued pursuant to this division to conduct commercial cannabis activity, as defined in Section 26001, shall do all of the following: (1) Except as provided in subparagraph (G), require that each owner, as defined in paragraphs (1) to (3), inc
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Business and Professions Code - BPC - BPC § 26052
Business and Professions Code - BPC - BPC § 26052
(a) A licensee shall not perform any of the following acts, or permit any of the following acts to be performed by any employee, agent, or contractor of the licensee: (1) Make any contract in restraint of trade in violation of Section 16600. (2) Form a trust or other prohibited o
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Business and Professions Code - BPC - BPC § 26053
Business and Professions Code - BPC - BPC § 26053
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division. (b) (1) A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as aut
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Business and Professions Code - BPC - BPC § 26054
Business and Professions Code - BPC - BPC § 26054
(a) A licensee shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division. (b) A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 th
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Business and Professions Code - BPC - BPC § 26055
Business and Professions Code - BPC - BPC § 26055
(a) The department may issue state licenses only to qualified applicants. (b) Revocation of a state license issued under this division shall terminate the ability of the licensee to operate pursuant to that license within California until a new license is obtained. (c) A licensee
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Business and Professions Code - BPC - BPC § 26056
Business and Professions Code - BPC - BPC § 26056
The requirements of Sections 13143.9, 13145, and 13146 of the Health and Safety Code shall apply to all licensees.